Panchayat:Repo18/vol2-page0308

3O8 THE KERALA PUBLIC (EVICTION OF...) ACT, 1968 Sec. 3

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(i) any charge for electricity, Water or any other services in connection with the occupation of the building, (ii) any tax (by whatever name called) payable in respect of the building, where such charge or tax is payable by the Government or the local authority, as the case may be; (f) "unauthorised occupation" in relation to any public building, means the occupation by any person of the building without authority for such occupation and includes the Continuance in occupation by any person of the public building after the authority (whether by way of lease or any other mode of transfer) under which he was allowed to occupy the building has expired or has been determined for any reason whatsoever. 3. Appointment of estate officers.-The Government may, by notification in the Gazette(a) appoint such persons, being Gazetted Officers of Government below the rank of District Collector, as they think fit, to be estate officers for the purposes of this Act: 5"Provided that(I) In the case of a local authority, the Secretary of the local authority and in the case of any other authority, the executive authority of that authority. (ii) in the case of a company or a corporation, an officer of that company or Corporation not below the rank of a Deputy Director of the industries Department, nominated by that company or corporation shall be appointed as estate officer;" (b) define the local limits within which, or the categories of public buildings in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act. 4. Issue of notice to show cause against order of eviction- (1) If the estate Officer is of opinion that any persons are in unauthorised occupation of any public building and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (2) The notice shall(a) specify the grounds on which the order of eviction is proposed to be made; and (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interests in, the public building, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof. (3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public building, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. (4) Where the estate officer knows or has reason to believe that any persons are in occupation of the public building, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed. 5. Eviction of unauthorised occupants.- (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence produced by such person in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the building is in unauthorised OCCupation, the estate officer may, on a date to be fixed for the purpose, make an order of eviction, for reason to be recorded therein, directing that the public building shall be vacated by all persons who may be in OCCupation thereof or any part thereof, and cause a copy of the order to be published by affixing it on the outer door or some other conspicuous part of the public building. (2) If any person refuses or fails to comply with the order of eviction within thirty days of the

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